Moulton v. Carroll County Department of Corrections et al

Filing 2

ORDER plaintiff to provide requested information regarding custody, ( Response deadline set for 8/29/2011) So Ordered by Magistrate Judge Landya B. McCafferty. (mxm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Richard Moulton

v.

No. 11-cv-391-PB

Carroll County Department of
Corrections, et al.

O R D E R

Richard Moulton has filed a complaint (doc. no. 1) stating
that he is a pretrial detainee in the custody of the Carroll
County Department of Corrections.

Moulton’s complaint includes

a request for preliminary injunctive relief, as he alleges he is
in need of reparative dental work that Carroll County has
refused to provide.
When he filed his complaint, Moulton stated that, although
he was a Carroll County inmate, i.e., in the legal custody of
Carroll County, he was housed at the Rockingham County House of
Corrections.

The court has since discovered that Moulton is now

incarcerated at the Strafford County House of Corrections.

If

Moulton is still a Carroll County inmate, and Carroll County is
still making decisions as to what dental treatment he can
receive, the Carroll County Department of Corrections is still
the correct defendant for plaintiff’s claim seeking injunctive
relief.

If, however, Moulton is now in the custody of Strafford

County, or some other incarcerating authority, the court could
not direct Carroll County to provide Moulton with dental care.
To decide whether to grant Moulton a hearing on his request
for injunctive relief, the court requires clarification as to
whether Moulton remains (a) in the custody of Carroll County,
and (b) subject to the Carroll County dental care policy.
Moulton is therefore directed to notify the court, within ten
days of the date of this order:
1. Whether he is still a Carroll County inmate;
2. Whether, if he is a Carroll County inmate housed at
another correctional facility, he remains subject to Carroll
County policies regarding the provision of dental care; and,
3. If he is a Carroll County inmate subject to Carroll
County’s policies regarding dental care, whether he is still
requesting preliminary injunctive relief.

SO ORDERED.

/s/ Landya McCafferty
Landya B. McCafferty
United States Magistrate Judge

Date:

August 16, 2011

cc:

Richard Moulton, pro se

LBM:jba